Bombay High Court
NEW SAURASHTRA CAP DEPO AND ANOTHERversusGIRDHAR HARILAL SOLANKI DECEASED THR LRS BHAVANABEN HASHMUKHLAL DARJI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court allowed the application, permitting service of the unserved respondents by publication in two widely circulated newspapers.
Summary
The petitioner filed a civil application seeking permission to serve three unserved respondents (Nos.1a, 1c & 1e) by substituted service under Order V Rule 20 of the Code of Civil Procedure. The last known address of the respondents was within the jurisdiction of Rajkot, Gujarat, and the petitioner proposed publication of the notice in two widely circulated newspapers, one in Hindi and one in English. The court examined whether the requirements of Order V Rule 20 were satisfied, including the jurisdictional nexus and the adequacy of newspaper publication as a mode of service. Finding that the petitioner's averments met the statutory criteria, the court allowed the application. It directed the petitioner to publish the notice, file an affidavit of service with newspaper cuttings, and informed that the matter would become returnable after six weeks. The application was consequently disposed of.
Issues considered
- Whether permission can be granted to serve unserved respondents by publication in newspapers under Order V Rule 20 of the CPC
- Whether the jurisdictional requirements for substituted service are fulfilled
Legislation cited
- Code of Civil Procedure, 1908 — s. Order V Rule 20
Subjects
- substituted service
- publication notice
- Order V Rule 20
- Civil Procedure
- jurisdiction
- returnable
Judgment
1 59-CA-1490-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
59 CIVIL APPLICATION NO. 1490 OF 2026
IN WP/5019/2025
New Saurashtra Cap Depo And Another
VERSUS
Girdhar Harilal Solanki Deceased Thr Lrs Bhavanaben Hashmukhlal Darji
And Others
WITH
WRIT PETITION NO. 5019 OF 2025
New Saurashtra Cap Depo And Another
VERSUS
Girdhar Harilal Solanki Deceased Thr Lrs Bhavanaben Hashmukhlal Darji
…..
Mr. Darak Badribishan A., Advocate for the Petitioner.
Mr. Prafulsing H. Patil h/f., Mr. P. B. Patil for Respondent No.1-D in WP.
CORAM : MANJUSHA DESHPANDE, J.
DATE : 24 AUGUST 2026
PER COURT :
1. This application is filed by the petitioner seeking permission to
serve the unserved respondent Nos.1a, 1c & 1e by way of substituted
service under Order V Rule 20 of the Code of Civil Procedure, by way of
proclamation in the widely circulated newspaper “Gujarat Samachar”,
published at Rajkot, within the jurisdiction of Mahesana and Ahmedabad,
Gujarat State. It is submitted that the last known address of the unserved
respondents is within the jurisdiction of Rajkot. Therefore, the petitioner
seeks permission to serve the unserved respondents by way of paper
publication in widely circulated newspapers published in Hindi or
Kiran Kawre
2 59-CA-1490-2026.odt
English.
2. In view of the averments as made in the application, the civil
application is allowed.
3. The applicant is permitted to serve the unserved respondent
Nos.1a, 1c & 1e by way of publication of notice in two widely circulated
newspapers, one in Hindi and the another in English, in the area where
the respondents are known to be residing.
4. The applicant shall file an affidavit of service after publication of
the notice, along with the newspaper cuttings.
5. Upon publication of the notice, the respondents shall be informed
that the matter is made returnable before this Court after six weeks, i.e.,
5 October 2026.
6. The application stands disposed of.
[ MANJUSHA DESHPANDE, J. ]
Kiran Kawre
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